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ARTICLE · 04 SEPTEMBER 2023

New Rules For Emergency Arbitration In Chile

On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules...

ChileLitigation, Mediation & Arbitration

On August 11, 2023, the Arbitration and Mediation Center of the Santiago Chamber of Commerce (CAM Santiago) introduced new rules on emergency arbitration (EA) to its domestic Arbitration Rules, through the inclusion of a new article 21 bis and a new Title IX (EA Regulation). The EA Regulation will enter into force on September 1, 2023, and addresses the EA procedure, the appointment of an emergency arbitrator (and grounds for their disqualification), service upon respondent parties, and standards applicable to a request for an emergency measure.1

Background

Prior to the introduction of the EA Regulation, a party in need of interim relief prior to the constitution of an arbitral tribunal, had to apply to the Chilean courts to petition for interim measures pursuant to the Chilean Civil Procedure Code (CPC).2 CAM Santiago has introduced the EA Regulation to enable users to' "obtain emergency relief without resorting to domestic courts and keep the resolution of

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